- (1.) Heard Shri Yogesh Agarwal, lerned counsel for the petitioner, Shri B.K. Pandey, learned counsel for the respondent No.5 and the learned Standing Counsel.
(2.) The present writ petition has been filed with a grievance that by order dated 30.5.2011, while on one hand the petitioner who was elected Pradhan, has been issued a show cause notice for initiating proceedings under Section 95(1)(g) of the Panchayat Raj Act, 1947, on the other hand in the same notice, an order has also been passed cancelling the caste certificate of the petitioner stating therein that the petitioner belongs to general category, whereas he had submitted a caste certificate of Nai, and therefore, misrepresented the fact to contest the election of the Pradhan and thus, the caste certificate has been cancelled.
(3.) Shri Yogesh Agarwal, learned counsel appearing for petitioner submits that unilaterally cancelling of the caste certificate, without affording an opportunity of hearing, is arbitrary and is unjustifiable in law. In so far the show cause notice issued in respect of proceeding under Section 95 (1)(g) of the Panchayat Raj Act is concerned, learned counsel for the petitioner submits that he shall file his reply to the concerned authority.;